~~~~~~~~~~~ T.R.Ramachandran Nair, J. This appeal is filed by the claimant before the Tribunal and the name of the appellant is shown as Usha @ Sushama. Eventhough it was found that the claimant give evidence in detail to prove the identity, going by the records it could not be properly established and accordingly the application was rejected. The accident is stated to have occurred on 20.2.2005 near Municipal office, Varkala. According to the findings of the Tribunal, Sushama and Usha are two different persons, whereas the learned counsel for the appellant maintains that both are same. Learned counsel appearing for the Insurance Company submitted that Exts.A1 to A5 would show that name of the injured is Sushama, aged 48 years, whereas Exts.A6 to A13 would show that the injured is Usha having aged 55 years.
2. Before this Court, the appellant has produced Annexure-1, a certificate from the Village Officer, Cherunniyoor dated 29.3.2012 stating that Usha, Cherunniyoor village and Usha @ Sushama, Santhosh Bhavan, Kallumalakunnu are the same person. It is, therefore, submitted by the learned counsel for the appellant that the application will have to be considered on merits. Learned counsel for the Insurance Company submitted that the document produced before this Court was not available before the Tribunal and, therefore, it is up to the appellant to adduce evidence in the matter, if the appellant had a case that both the persons are same.
We are not going into the merits of the contentions of the parties at this stage. It is upto the appellant to adduce evidence in the matter. The learned counsel submitted that really the person being the same, she is entitled for due compensation also. We are of the view that one more opportunity can be given to the appellant and therefore, we set aside the judgment and remand the matter for fresh consideration. The appellant will produce the original of Annexure-1 before the Tribunal and both sides are given opportunity to adduce sufficient evidence also on all issues. Parties will appear on 22.1.2015.
sd/- T.R.RAMACHANDRAN NAIR, JUDGE.
Ps/6/12/2014 sd/- P.V.ASHA, JUDGE.
//True copy// PA to Judge